Victorian Consolidated Legislation

Forests Act 1958 - SECT 64

Absolute prohibition of use of fire when acute fire danger exists

64. Absolute prohibition of use of fire when acute fire danger exists



(1) Whenever the Secretary reports to the Minister that a condition of acute
fire danger exists or is likely to exist in any fire protected area or part of
a fire protected area the Minister may by notice-

   (a)  prohibit absolutely the use of fire in the open air in any such fire
        protected area or part of a fire protected area (as the case may be);
        and

   (b)  suspend any or all leases licences permits registrations or
        authorities granted under this Act for the felling conversion or
        removal of forest produce in so far as the same are operative in any
        such fire protected area or part of a fire protected area (as the case
        may be); and

   (c)  suspend any timber harvesting operations within the meaning of the
        Sustainable Forests (Timber) Act 2004 being undertaken under that Act
        in so far as those operations are being undertaken in any such fire
        protected area or part of a fire protected area (as the case may be)-

for such period as is specified in such notice.

(2) Every person who contrary to the provisions of any such notice during the
period to which such notice relates-

   (a)  lights kindles or maintains or knowingly or negligently causes or
        permits to be lit kindled or maintained any fire in the open air in
        any fire protected area or part of a fire protected area (as the case
        may be) to which such notice relates; or

   (b)  fells converts or removes forest produce in or from any such fire
        protected area or part of a fire protected area (as the case may be);
        or

   (c)  undertakes under the Sustainable Forests (Timber) Act 2004 any timber
        harvesting operations within the meaning of that Act in any such fire
        protected area or part of a fire protected area (as the case may be)-

shall be liable to a penalty of not more than 100 penalty units or to
imprisonment for a term of not more than two years or to both such penalty and
imprisonment.

(3) Every notice under subsection (1) of this section-

   (a)  shall be published either-

   (i)  in some newspaper or newspapers generally circulating in the locality
        to which the notice relates; or

   (ii) by means of a broadcast from a broadcasting station in the State of
        Victoria- but may be published in both such ways;

   (b)  may be revoked amended or varied by a subsequent notice published as
        aforesaid; and

   (c)  shall subject to any amendment or variation thereof remain in
        operation, unless revoked, until the expiration of the period to which
        it relates:

Provided that the revocation or expiration of any such notice shall not affect
the previous operation of this section or of such notice or of anything duly
done or suffered thereunder or any liability incurred thereunder or any
penalty or punishment imposed in respect of any offence committed thereunder
or any legal proceeding in respect of any such liability penalty or punishment
aforesaid, and any such legal proceeding may be instituted continued or
enforced and any such penalty or punishment may be imposed as if such notice
had not been revoked or had not expired.

			(4)    (a)	The Minister may from time to time by notice published in the Government Gazette specify the names of authorised officers for the purposes of this subsection; and every authorised officer so specified shall thereupon be authorized, in any case where he is of opinion that a condition of acute fire danger exists in any district under his control, by notice to direct any person who is engaged within any fire protected area or upon any land which is affected by a declaration made under subsection (4) of section three of this Act in any of the operations of felling logging snigging skidding sledging or other like operation or in the operation of driving any steam engine or steam locomotive, to suspend or cause to be suspended all or any of such operations until such time as such suspension is revoked by such officer by a like notice.


   (b)  Notice for the purpose of this subsection may be given by any such
        authorised officer-

   (i)  by writing signed by such officer and delivered to the person to whom
        it is directed or to any manager of such person or other person in
        charge of or engaged in the conduct of such operation; or

   (ii) by telephone or radiophone message to any of the said persons.

   (c)  Any person who contravenes or fails to comply with any such direction
        given as aforesaid shall be liable to a penalty of not more than 100
        penalty units or to imprisonment for a term of not more than two years
        or to both such penalty and imprisonment.

   (d)  The provisions of this subsection shall be read and construed as in
        aid of and not in derogation from the provisions of the other
        subsections of this section.

(5) In any proceedings for an offence against subsection (2) of this section a
certificate signed by the Secretary to the effect that a notice was published
by means of a broadcast pursuant to subsection (3) of this section shall be
prima facie evidence of the facts set out therein.